CIT Presentation 5 9 2013 (02562862).pptx

Political and legal environment of multimodality

- for the sea transport (CMI)Prof. Alexander von ZieglerCIT / IRU Joint Conference

Political and legal environment of multimodality5 September 2013 Page Nr./21Comit Maritime International1 - Name and Object

The name of this organization is the "Comit Maritime International." It is a non-governmental not-for-profit international organization established in Antwerp in 1897, the object of which is to contribute by all appropriate means and activities to the unification of maritime law in all its aspects.

To this end it shall promote the establishment of national associations of maritime law and shall co-operate with other international organizations.

Political and legal environment of multimodality5 September 2013 Page Nr./21CMIs View on the Harmonization of LawHarmonization of International Maritime LawInternational Conventions (e.g. Hague Rules 1924 / Hague Visby Rules 1968)Harmonization of National Maritime LawsModel LawsHarmonization of Maritime and Commercial PracticeUniform Rules (e.g. York Antwerp Rules on General Average)Harmonization between the different Transport LawsApproach chosen during the drafting of the Rotterdam Rules; but applied to the extent that a harmonization was justified and where established maritime practices were not prevailing and more appropriateHarmonization in the Multimodal EnvironmentHarmonization in Form of a Generic Transportation Law

.. unification of maritime law in all ist aspects .

Political and legal environment of multimodality5 September 2013 Page Nr./21CMI and MultimodalityCMI is dedicated to the harmonisation of maritime Law

CMI recognizes the importance and the oportunities in harmonizing the different transportation laws

CMI recognizes the multimodal transportation needs and dynamics and furthers the development of legal principles that accomodate those commercial and logistical realities

CMI does however not feel that it would be neither appropriate nor feasable that a Convention should be created or adhered to which attempts to cover all multimodal transportation variants, but that rather those practical variants should be accomodated, as they currently are, in the respective transportation conventions.Political and legal environment of multimodality5 September 2013 Page Nr./21The basic approach when embarking on the revision of traditional / historic maritime transportation law

Background of the problem:Situation of maritime and shipping trade in 1924Segmentation of the Industry division by mode of transport

Political and legal environment of multimodality5 September 2013 Page Nr./21Special Nature of Maritime Law:

Maritime law was lex specialis lex maritima and has developed independent from the law on land (and later by air)

Shipping Industry as a prominent private sector road small entitiesrail road governments (Europe)air national airlines

The basic approach when embarking on the revision of traditional / historic maritime transportation law

Political and legal environment of multimodality5 September 2013 Page Nr./21Result:Segmentation of the law on international transportSegmentation of the "ownership" for the legislation / harmonization of international transport lawCMIIMOUNCITRALUNCTADUN ECEICAOOTIFetc.

The basic approach when embarking on the revision of traditional / historic maritime transportation law

Political and legal environment of multimodality5 September 2013 Page Nr./21Dealing with the Segmentation of International Legislation:

Segmentation of the law depending on the stage of the multimodal logistical chains

Role of the Freight Forwarder

Role of the Shipping Documentation

UNCTAD / ICC Rules

International Land Transportation Instruments basically restricted to the European Continent

The basic approach when embarking on the revision of traditional / historic maritime transportation law

Political and legal environment of multimodality5 September 2013 Page Nr./21Segmentation of the law depending on the stage of the multimodal logistical chains

Customer(FCA BuyerCFR Seller)RoadRoadRail RoadRail RoadMaritimeCMRCMRCOTIF / CIMCOTIF / CIMHRPolitical and legal environment of multimodality5 September 2013 Page Nr./21Role of the Shipping Documentation

Customer(FCA BuyerCFR Seller)RoadRoadRail RoadRail RoadMaritimeCMR Consignment Noteletter de voiture CIMBill of Ladingletter de voiture CIMCMR Consignment NotePolitical and legal environment of multimodality5 September 2013 Page Nr./21Freight Forwarder as CarrierThe NVOCC concept

Customer(FCA BuyerCFR Seller)RoadRoadRail RoadRail RoadMaritimeFFPolitical and legal environment of multimodality5 September 2013 Page Nr./21Door-to-Door Ocean Shipping

Customer(FCA BuyerCFR Seller)RoadRoadRail RoadRail RoadMaritimePolitical and legal environment of multimodality5 September 2013 Page Nr./21Multimodality under the Rotterdam Rules

Political and legal environment of multimodality5 September 2013 Page Nr./21Contractual Relations under the Rotterdam Rules

Customer(FCA BuyerCFR Seller)RoadRoadRail RoadRail RoadMaritimeShipperCarrierPolitical and legal environment of multimodality5 September 2013 Page Nr./21Liability Regime for the Maritime + Carrierunder the Rotterdam Rules

Customer(FCA BuyerCFR Seller)RoadRoadRail RoadRail RoadMaritimeShipperCarrierPolitical and legal environment of multimodality5 September 2013 Page Nr./21Liability Regime for the Maritime + Carrierunder the Rotterdam Rules Solution tailored based on existing practise and follows the accepted and broadly uncontreversial transaction pattern developped since since the mid-sixties.

Existing practice established to answer great demand in door to door documentation (door to door B/L) and undsegmented transport contract by shippers worldwide (CFR sellers / FCA buyers).

Existing practice as offered by Freight Forwarders (e.g. FIATA B/L) and Liner Companies (door-to door B/Ls).

Solution inspired by the legal framework provided by the UNCTAD / ICC Rules and the FIATA B/L

Solution is non-intrusive on the service providers for land transport, who continue to benefit from their own and familiar regime.

Political and legal environment of multimodality5 September 2013 Page Nr./21Impact for the Rail Road / Road Carrierunder the Rotterdam Rules?

Customer(FCA BuyerCFR Seller)RoadRoadRail RoadRail RoadMaritime

Political and legal environment of multimodality5 September 2013 Page Nr./21Impact for the Rail Road / Road Carrierunder the Rotterdam Rules?

Customer(FCA BuyerCFR Seller)RoadRoadRail RoadRail RoadMaritimeFF

Political and legal environment of multimodality5 September 2013 Page Nr./21Opportunity for the Rail Road / Road Carrierunder the Rotterdam Rules?

Customer(FCA BuyerCFR Seller)RoadRoadRail RoadRail RoadMaritimeFF

Political and legal environment of multimodality5 September 2013 Page Nr./21Lessons learned from the Rotterdam Rules Unification Process?

Tailor Instrument to the commercial realities and expectations

Build in flexibility to allow expansion towards new combined services "outside of the box

Respect the participating modes of transport and attempt to accommodate their needs and particularities

Do not focus on liability regimes but on the mechanism of the shipping routine as part of a greater commercial transaction of the customers

Harmonize where possible with solutions found by regimes of other Modes of Transport

Political and legal environment of multimodality5 September 2013 Page Nr./21Prof. Alexander von Ziegleralexander.vonziegler@swlegal.ch

Schellenberg Wittmer Ltd / Attorneys at LawLwenstrasse 19 P.O. Box 18768021 Zurich / SwitzerlandT +41 44 215 5252 F +41 44 215 5200Thank you for your attention.

Political and legal environment of multimodality5 September 2013 Page Nr./21